Hamburg Town City Zoning Code
ARTICLE XL
Supplemental Cluster Housing and Townhouse Regulations
§ 280-286 Approval by Planning Board.
[Amended 1-26-1998 by L.L. No. 1-1998; 8-4-2003 by L.L. No. 4-2003]
Cluster housing, including townhouse development, in the Town of Hamburg shall require the final approval of the Town Planning Board pursuant to its administration of the Subdivision Regulations of the Town of Hamburg. [1] Cluster development shall not be considered an allowable use unless its use is approved by the Planning Board to achieve the goals as set out in these regulations. The Planning Board, upon review, may find the proposed cluster development plan not in accordance with the purposes or requirements of this article.
§ 280-287 Purpose.
[Added 1-26-1998 by L.L. No. 1-1998; amended 8-4-2003 by L.L. No. 4-2003]
To permit flexibility in land development through cluster development by allowing for a variety of lot sizes without increasing the overall density permitted in the zoning district(s) in which the property is located.
To allow for residential development through cluster development which is in harmony with the aesthetics qualities of the Town of Hamburg, and in so doing protecting important and/or sensitive lands from development (especially those that connect to other important Town features, and will provide large areas of important lands).
To permit flexibility in residential lot layout that would improve public health and safety aspects due to better layout of the subdivision.
To minimize the development on nonlocal or minor streets.
To meet the goals and objectives of the Town's Comprehensive Plan and any appropriate zoning overlay district.
§ 280-288 Regulations governing cluster housing.
[Amended 1-26-1998 by L.L. No. 1-1998; amended 8-4-2003 by L.L. No. 4-2003]
Unless otherwise provided in this chapter, the following regulations shall apply to all cluster housing:
Permitted districts. Cluster housing shall only be considered within the R-E, R-1, R-2, R-3, PRD and PUD Districts and within the R-A Districts in areas noted in the Town of Hamburg 2010 Comprehensive Plan (1997 Master Plan update). Only after a concept plan (and a plan illustrating a subdivision layout that is not clustered) is presented to the Planning Board and found to meet the goals and purpose of cluster development will the use of cluster development be permitted. The Planning Board must pass a resolution authorizing the use of cluster development stating the reasons for such use. In considering the usage of cluster development, the Planning Board shall consider the purpose of these regulations, the Town's Comprehensive Plan (and open space / recreation plan), any applicable zoning overlay districts, and the Town's design guidelines for cluster development (including a cluster development reference manual).
[Amended 12-12-2005 by L.L. No. 5-2005]
Minimum development area. Cluster housing shall apply to a major subdivision of not less than five acres in area.
Services by public utilities. All cluster housing, including townhouse development, shall be served by public systems for water supply and sanitary sewerage.
Minimum lot size. The required minimum lot area for single-family detached dwellings in the R-E through R-3, PRD and PUD Districts may be reduced to no less than 5,000 square feet (10,000 square feet for the R-A and R-E District), provided that any and all such area reduced shall be restricted on the subdivision plat for park and/or recreational purposes of an active and/or passive nature. Lot width requirements can be reduced to 50 feet, if a building layout is shown that accommodates the proposed structure with required setbacks.
[Amended 12-12-2005 by L.L. No. 5-2005]
Minimum habitable floor area. The required minimum habitable floor area for single-family dwellings may be reduced from 900 square feet for a one-story dwelling unit and 1,200 square feet for a dwelling unit greater than one story to 750 square feet for a one-story dwelling unit and 1,000 square feet for a dwelling unit greater than one story.
Minimum yards. For cluster housing for single-family detached dwellings where the required minimum lot area has been reduced pursuant to § 280-282E above, the following yard requirements shall be minimum:
Front yard: 20 feet. To accomplish reduced front yard requirements, the applicant must illustrate how utilities and off-street parking will be accomplished. Front load garages will not, in general, be acceptable.
Side yards: two required. The minimum width of any side yard shall be 10 feet.
[Amended 12-18-2017 by L.L. No. 3-2018]
Rear yard: not less than 25% of the lot depth; provided, however, that no rear yard shall have a depth of less than 20 feet.
Minimum distance between dwelling units: 15 feet. This separation distance can be reduced to 12 feet with the additional fire safety provision of a sprinkler system.
Maximum height of buildings and accessory structures: 2 1/2 stories, not to exceed 35 feet.
Maximum density/number of dwelling units permitted. The maximum permitted number of dwelling units and/or building lots shall be determined by dividing the land area of the subject property by the normal minimum required lot area for dwellings for said district. In circumstances where the building plan falls within two or more zoning districts with differing density requirements, the Planning Board may approve in any one such district a cluster development representing the cumulative density as derived from summing of all units allowed in all such districts. However, prior to determining the number of dwelling units and/or building lots, the parcel to be developed shall be adjusted as follows:
Lands utilized by public utilities or structures or recorded easements or rights-of-way shall be subtracted from the total gross area.
Waterbodies, land used for detention ponds, marsh areas, designated wetlands (and their required designated adjacent areas), alluvial, poorly drained, very poorly drained and unstable soils and floodplains shall be subtracted from the total gross area.
Any other areas deemed unfavorable (unusable/unbuildable) by the Planning Board because of topographic, geologic or hydrological characteristics and slopes in excess of 15% shall be subtracted from the total gross area.
In R-A, R-E and R-1 Zoning Districts, the Planning Board shall require that at least 50% of the land area obtained after the deductions in accordance with Subsection I(1), (2), (3), and (4) of this section shall be maintained as open space. [This does not include the areas subtracted out as nonusable: Subsection I(1), (2), and (3) above]. In all other districts in which residential subdivisions are permitted, the relevant percentage shall be 40% [not including nonusable areas: Subsection I(1), (2) and (3)]. The developer will propose the area to be maintained as open space, subject to the approval of the Planning Board. This land required for open space shall serve a purpose such as preserving important features, providing passive recreational opportunities, preserving views, etc. It is not the intent of these lands to be small unutilized areas at the rear of lots.
[Amended 12-12-2005 by L.L. No. 5-2005]
The usage of cluster development will also require the applicant to present architectural features of the proposed structures. Consideration shall be given to accommodating these units on smaller lots and the appearance of these buildings from the road. Reference should be made to the Town's architectural guidelines for issues such as the appearance of the front of the house: Garages shall not be the predominant feature and snout houses (garages jutting out excessively from the unit) will be discouraged.
§ 280-289 Special regulations for townhouses.
[Amended 11-3-2025 by L.L. No. 9-2025]
In addition to other regulations for townhouses contained in this chapter, the following special regulations shall apply to townhouse development in the Town of Hamburg.
Group length. A grouping of townhouses shall not exceed 160 feet in length.
Unit size. No townhouse shall be smaller than 750 square feet, and the average size of townhouses in any group shall be a minimum of 1,000 square feet.
Height. The maximum height for any townhouse shall be 2 1/2 stories, not to exceed 35 feet.
Minimum development area. There shall be no minimum size of site for development, except as may be required by the Planning Board pursuant to site plan review.
Lot area for each unit. No townhouse lot shall contain an area of less than 2,000 square feet, and the average size for a group of townhouse lots shall not be less than 2,200 square feet. Each townhouse shall have its foundation on its individual lot, except where the townhouse units are separated by a common wall, in which event the foundation may be installed equidistant on each side of the lot line for the length of a party wall and its extension along the offset of the townhouses on abutting lots.
Minimum yards:
Front yard: 35 feet.
Side yard requirement. A minimum side yard of 10 feet shall be provided between the end of a group of townhouses and an interior side lot line, and 35 feet shall be provided between the end of such group and a public or private street, such thirty-five-foot setback to be unencumbered by walls, fences or other structures or buildings. A spacing of 20 feet shall be provided between each group of townhouses, and an additional 10 feet shall be required for each driveway provided between such groups. Such separation between such groups shall be unencumbered by walls or other structures or other obstructions which will prevent emergency vehicular access between such groups.
Rear yard: no rear yard shall have a depth of less than 20 feet.
Street frontage. Each townhouse lot must have a clear, direct frontage on a public street or to accessways complying with private street requirements.
Utilities and services. Each townhouse shall be independently served by separate heating, air-conditioning, sewer, water, electricity, gas or other facility and utility services wherever such utilities and services are provided, and no townhouse shall be in any way dependent upon such services or utility lines located within another unit or on or in another townhouse or townhouse site, except as may be installed in public easements. All townhouses must be connected to public water and sewer lines, and all electrical and telephone lines in a townhouse development site shall be placed underground. Proper and adequate access for fire-fighting purposes and access to service areas to provide garbage and waste collection and for any other necessary services shall be provided.
Parking. A minimum of two off-street parking spaces shall be provided for each townhouse. Such parking spaces may be provided on the lot of the townhouse or in a commonly owned and maintained off-street parking facility, provided that no parking space shall be more than 150 feet, by the most direct pedestrian route, from the door of the townhouse it is intended to serve. Where on-site parking space is provided in the front yard area, it shall be limited to two parking spaces, and the balance of the front yard area shall be landscaped. Each townhouse site must provide its own off-street parking area and driveway thereto where on-site off-street parking is to be provided.
Street right-of-way and improvements. The right-of-way width of public streets and private streets, where permitted by the Town Board, serving a group of townhouses and the improvements therein shall conform to all applicable minimum Town of Hamburg standards and requirements for such streets.
Walls, fences and buffering. All patio outdoor living areas on each townhouse lot shall be enclosed by a wall, fence or dense hedge affording complete screening. In the plat review process, the Planning Board may modify this requirement as to type and extent of such enclosure on any townhouse lot while assuring the intent of such enclosure to provide adequate outdoor privacy on each townhouse lot. Where provided, such wall, fence or dense hedge shall be six feet in height with a life expectancy of not less than 20 years. All walls or fences erected pursuant to this provision shall be solid structures which afford visual privacy. A walled-in patio may include a roof. All rear yard areas used for service shall be completely screened from view from the street and from adjoining lots by walls, fencing or dense landscaping.
Patios and service areas. There shall be provided on each townhouse lot at least 250 square feet of patio living area, exclusive of parking and service areas.
Recreation space. There shall be provided on the site of each townhouse development an area or areas devoted to the joint or common recreational use by the residents thereof. Such recreation space shall consist of not less than 500 square feet of space per dwelling unit. Each such recreation space shall be developed for passive and active purposes and shall include the facilities normally attendant thereto. These private recreational lands are not in lieu of the subdivision code requirements of public recreation land requirements (see Chapter 230, Subdivision of Land).
Accessory buildings. No accessory building shall be permitted in unwalled or unfenced areas or areas lacking a dense hedge on sites containing a townhouse and, where located within an area so enclosed, shall not extend above the height of such enclosure.
Site plan specifications.
As part of the supplementary data required for Planning Board review of a proposed townhouse development, a scaled and dimensioned site plan of the development, a typical tentative plan showing front elevations of proposed townhouses and typical tentative floor plans of proposed townhouses, prepared by a licensed architect, shall be submitted to the Planning Board. If the subdivision plat for townhouse development receives final approval by the Planning Board, the townhouse development shall be in accordance with such approval plan.
The site plan shall include but shall not be limited to the location of buildings in relation to property and lot lines: off-street parking spaces and bays; patio and service areas, including garbage disposal areas; landscaping; walls or fences; public streets; driveways; all common facilities; open space and walkways; and utilities, showing the same underground where such is required. In addition, the lot size, the percentage of building ground coverage and open space, the square footage of each townhouse and its patio living area, the density, etc., shall be included as data on such plan.
If, after final approval of a plan, a substantial change therein is desired, such request for such change may be filed with the Planning Board, which shall consider such requested change pursuant to its procedures for amendment to an approved plat.